AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D December 16, 2008 December 1,2008 (Noon) D
D January 6,2009 December IS, 2008 (Noon) D
~ January 20, 2009 January 5, 2009 (Noon) D
D February 3, 2009 January 19, 2009 (Noon) D
February 17, 2009
February 2, 2009 (Noon)
March 3, 2009
February 17,2009 (Noon)
March 17, 2009
March 2, 2009 (Noon)
April 7, 2009
March 16,2009 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
~ Public Hearing D
RECOMMENDATION: Please place this request on the January 20,2009 City Commission Agenda under Public
Hearing. The Planning and Development Board on December 23, 2008, recommended that the request be approved, with
two additional conditions regarding the applicant's maintenance of the private roadway and property. For further details
pertaining to this request, see attached Department Memorandum No. 08-053.
EXPLANATION: ..
PROJECT:
AGE~T
OWNERS:
LOCATION:
Harbor Cay (SPTE 08-007)
Sid E. von Rospeunt
Harbor Cay, LLC
East side of North Federal Highway, approximately 160 feet north of Gateway
Boulevard
Request for a second one (I)-year time extension of the site plan (NWSP 06-
011) approved on May 2,2006, thereby further extending site plan approval
from May 2,2008 to May 2,2009.
DESCRIPTION:
PROGRAM IMPACT: N/ A
FISCAL IMP ACT: N/ A
ALTERNATIVES:
J
Development
City Manager's Signature
Assistant to City Manager
~
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--
City Attorney / Finance
Planning and Zoning Director
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-053
Chair and Members
Planning and Devel~ Board
Michael Rump~ (
Director of Planning and Zoning
Kathleen Zeitler Icz,
Planner II
August 11, 2008
Harbor Cay (SPTE 08-007)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Harbor Cay, LLC
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
East side of North Federal Highway, approximately 160 feet north of Gateway
Boulevard (see Location Map - Exhibit "AfT)
Special High Density Residential (SHDR)
Infill Planned Unit Development (IPUD)
No change proposed
No change proposed
Townhouses
1.429 acre
To the north is developed multi-family residential property (Inlet Harbor Club),
classified Recreational (R) and High Density Residential (HDR) land use and zoned
Recreation (REC) and Multi-family Residential (R-3);
To the south is developed commercial property (Gateway Shell), classified Local Retail
Commercial (LRC) land use and zoned Community Commercial (C-3); to the southeast
is developed single-family residential, classified Low Density Residential (LDR) and
zoned Single-family Residential (R-1-AA);
To the east is developed single-family residential, classified Low Density Residential
Page 2
Harbor Cay
SPTE 08-007
(LDR) and zoned Single-family Residential (R-1-AA); and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for the Florida
East Coast (FEC) railroad.
BACKGROUND
Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a second one (l)-year site plan
time extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by
the City Commission on May 2, 2006. At the time of site plan approval the regulations allowed a total of one
(1) year to secure a building permit following site plan approval; however, the regulations have since been
revised to allow an initial 18-month period to secure a building permit. A previous site plan time extension
(SPTE 07-006) for this project was approved on September 18, 2007, which extended site plan approval for
one (1) year, from May 2, 2007 to May 2, 2008. If this request for an additional extension were approved,
the expiration date, including concurrency approval, would be extended to May 2, 2009.
The subject property consists of 1.429 acres, zoned Infill Planned Unit Development (IPUD), located within
Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff
report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project
approved for a total of 23 fee-simple town homes, recreational amenities, and related site improvements.
The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units,
each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6)
separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units,
with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "B'')
proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned
area. According to the staff report, the proposed townhouse buildings would have hints of Spanish-
Mediterranean accents with a contemporary/modern design. Building accents would include cupolas, Spanish
S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City
regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that
the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on April 28, 2008, four (4) days prior to the expiration date of the site plan.
The applicant states in the justification submitted for the second time extension (see Exhibit "C''), that "due to
the severe real estate slump, and a recovery not to be projected within the next 12 months, it is impossible
for Harbor Cay to either obtain new construction financing or procure the required pre-sales of units". The
applicant also notes that the previous commitment for construction financing was lost, and future funding has
not yet been finalized. According to the previous justification submitted for the first requested time
extension, the applicant details the "good faith" efforts in moving forward with the project, explaining that
the project has been delayed due to the following: (1) required reconfiguration of underground utilities and
subsequent civil engineering plan revisions which required re-submittal for further review and approval; (2)
delay in platting due to required civil plan revisions; and (3) construction plan revisions necessary to address
conditions of site plan approval.
Page 3
Harbor Cay
SPTE 08-007
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this
project and included a restriction that no building permits are to be issued for the project after the build-out
year of 2009.
The site plan time extension is still subject to the original 85 conditions of the new site plan approval. No
new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the
new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005.
Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan
approval.
Lastly, a capacity reservation fee of approximately $10,000 was paid by the applicant at the time of the first
site plan time extension request. Utilities records indicate the annual utility reservation fee is once again due.
Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available
when the developer is ready to move forward (see Exhibit "D" - Conditions of Approval).
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a second one (1 )-year time extension of the Harbor Cay site plan
(NWSP 06-011). If this request for extension were approved, the expiration of this site plan would be
extended to May 2, 2009. Staff is generally in favor of the redevelopment efforts represented by the approved
site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal
Highway Corridor Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for
redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and
contribute to the overall economic development of the City. If this request for site plan time extension is
approved, all outstanding conditions of approval from the new site plan approval must still be satisfactorily
addressed during the building permit process. Any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D'j.
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 08-007\Staff Report.doc
Exhibit "A" - Site Location Map
Harbor Cay - SPTE 08-007
130 65 0 130 260 390 520
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EXHIBIT "e'
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Apri124, 2008
Board of Commissioners
The City of Boynton Bearh
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Uj) ~cc~a~~lnl
~~, APR 28m lid/i
CITY MANAGER'S OFFICE
Re: Development Order Extension
To An Whom This Conrerns:
Please acrept: our request for an extension of twenty four months for Boynton Beach Redution 06-097,
a Development: Order for Harbor Cay Town Homes; an IPUD located within a few hundred feet North of
Gateway Boulevard on Federal Highway goingtowmdstheIlltraroa;tal Waterway.
Due to the severe real estate slump and a recovery notto be projectBd within the next 12 month it is
Unpossl'ble for Harbor Cayta eitberobtain newconstrud:ion finAMqgorprocurethe required pre-tWes
afunits. It ~ UDtikelytbat a cxmstruction permit muJd be secured before the Development Order expires
on May ~ of 2008. Furthermore, given the cireumstances enumeratEd a1xJvewe have lost om previous
commitment fur oonstmction finaMng, and. have yet tDfinalize1hefuture fimding.
We t:behiure request a DO fee and or no rost: exl:eDsion tothedeve1opment order giving the sinrere real
estate depression currentlythrougbout South F1orida. It is ahmdy a baIdsbip just to maintain the
currentfinRnring and nottD "waIkawayfrom the project" Given the~ the Projectmuld. not affonl to
pay any fees and stay "alive".
Thank~ in aCMmce, fur your time and oonsideration. We trust that the Boanl of CommiSsioners shall
look upon our petition with kindness and generadty.
WIth
E. \'On RoSpeunt
Managing Member
H a1'bor Cay, LLC 2.633 Lllntl:ll1l RoaJ Suitt 44. LlllltRrza, FloriJ.a 33462.1. Tll: 561-2.3 a-lOOO F IlJC: 56 1-<f- J 4- ! 969
www.b~~.rom f
EXHIBIT "D"
Conditions of Approval
Project name: Harbor Cay
File number: SPTE 08-007
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
l. The applicant shall pay the utility reservation fee in order to ensure capacity X
will be available when project commencement is anticipated.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
Harbor Cay
SPTE 08-007
P 2
age
DEPARTMENTS INCLUDE REJECT
Comments:
2. The site plan time extension shall be subject to all previous Conditions of X
Approval.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. The applicant shall maintain the private roadway to City standards to ensure X
safe and adequate access for emergency apparatus.
4. The applicant shall maintain the property up to City code standards. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Harbor Cay\SPTE 08-007\COA.doc
NOTICE OF PUBLIC HEARING
EXHIBIT "8"
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE
CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on
Tuesday, December 23, 2008 at 6:30 p.m., to consider a request submitted by
Neil Schimmel, Managing Member, on behalf of Harbor Cay LLC., The City
Commission will also consider this request on Tuesday, January 20, 2009 at 7:00
p.m. or as soon thereafter as the agenda permits. Both meetings will be held in
the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach
Boulevard. The request is described as follows:
LOCATION:
East side of North Federal Highway, approximately 160 feet
north of Gateway Boulevard (600 Lakeside Harbor Drive).
REQUEST:
Site Plan Time Extension (to extend site plan approval from
May 2, 2008 to May 2, 2009 to allow additional time to
secure a building permit).
PROPOSED USE:
Residential development consisting
townhouse units, swimming pool,
improvements on a 1.429-acre parcel
district.
of 23 fee-simple
and related site
in the IPUD zoning
LEGAL DESCRIPTION: On file in the office of Planning and Zoning Division.
This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the
City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach
Boulevard.
All interested parties are notified to appear at said hearings in person or by
attorney and be heard. Any person who decides to appeal any decision of the
Planning and Development Board or City Commission with respect to any matter
considered at these meetings will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be
based.
The City shall furnish appropriate auxiliary aids and services where necessary to
afford an individual with a disability an equal opportunity to participate in and
enjoy the benefits of a service, program, or activity conducted by the City. Please
contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to
the program or activity in order for the City to reasonably accommodate your
request.
CITY OF BOYNTON
PLANNING AND ZONING
(561) 742-6260
EXHIBIT f/ C-"
EXHIBIT .~..
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
Search II Parcel Details I
-- - -
Owner Information
peN: 08434515030000022
I Return to PAPA
Name: HARBOR CAY LLC
Location: 605 LAKESIDE HARBOUR
Mailing: 2633 LANTANA RD STE 44
LANTANA FL 33462 2490
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
SaI~s~l:!a.t~
NoY-2005
Jun-2004
NoY-2003
Jan-1976
Jan-1972
Page I of 1
$1,762,589
$1,762,589
$
Palm Beach County Property Map
Map Scale 1:1386
Legend
D Parcel Bomdary
~ Lot nurrbel'
Map produced on 12/16/2008 from PAPA
hltp://www.pbcgov.com/papa
http:// gisweb.co. palm-beach. f1 us/ipapagis/presentation/mapping/printnew .asp?MAPURL... 12/16/2008